Privatization of residential premises is a fairly simple procedure if you analyze the legal norms.
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But in practice, a large number of nuances arise in this process.
It is not so easy to draw up an application for privatization if several people are registered in the apartment.
If anything is filled out incorrectly, the person will receive a natural refusal for their application.
Concept
Privatization is the free transfer of residential premises that are state or municipal property to persons who occupy them under social tenancy agreements.
Housing is provided to a strictly defined circle of people in accordance with the law.
This term is often used to refer to the process of transferring land into private ownership. Some citizens were given such objects for lifelong ownership. After some time, the owner may apply to register the land under the house as private property.
Privatization of public housing stock - Procedure for providing services
Today, every Russian citizen living in an apartment under a social tenancy agreement has the right to take advantage of privatization and obtain ownership of a residential property. The law provides for a certain procedure and requirements, the fulfillment of which is mandatory to prevent the transaction from being recognized as invalid in the future.
Before completing the form, you must ensure that the following requirements are met:
- Availability of sufficient grounds for participation in the privatization procedure;
- Entry of a residential property into a municipal or state fund;
- Absence of an apartment in the list of housing that cannot be subject to privatization;
- The consent of all residents to privatization or the possibility of obtaining a refusal from them;
- Absence of having undergone a similar procedure in the past.
The application allows you to start the privatization process, which may result in a refusal or change in the status of housing. It makes sense to submit a document only if you have collected a complete package of required papers.
At the federal level, such a list has not been established, so it is worth checking with your local administration about the complete list.
You can get it in the following ways:
- by contacting the authorized body for housing issues;
- downloaded from the Internet;
- by unloading from special programs for lawyers.
When filling out, you must adhere to the following rules:
- write as legibly as possible;
- avoid errors and discrepancies in information;
- Choose black or blue ink.
The application along with a package of documents must be submitted to the authorized body. In large settlements, these may be specialized departments for privatization or departments for solving housing issues.
In small villages, issues are decided by the local government. Today, the application can be submitted to the territorial division of the MFC, whose employees will accept the documents and, if completed correctly, will forward them for consideration.
What documents will be required
The list of documents may vary depending on specific circumstances and they can be divided into 2 categories. The first concerns the identity of participants entitled to participate in privatization. The latter are directly related to the property received into possession. Required documents include:
- Passports of the parties to the transaction; for minors under 14 years of age, a birth certificate is provided;
- Technical documents from BTI;
- Certificate of number of residents based on house register entries;
- Statement of personal account;
- Social tenancy agreement;
- Permit document for privatization.
Current legislation states that Russian citizens can participate in the privatization of premises, and if adults have such a right, their participation is considered mandatory. Due to their young age, the interests of children under 14 years of age are represented by legal representatives, and at an older age they give their consent.
https://www.youtube.com/watch?v=PJhpCbdunsQ\u0026list=PL5tmC7iE4xnjBRBXAhZGhn6oME2Ucg-vd
The participation of a proxy is allowed in the process, who can act on behalf of all participants in the privatization process if they have a power of attorney.
- Collection of documents - can take a couple of days or stretch for several months;
- Consideration of the application depends on regulatory documents at the local level, but on average does not exceed 2 months;
- Registration of rights - counting starts from the date of receipt of documents by the registration authority and is 7 working days.
The privatization procedure can be considered completed only if the main stages have been completed and all legal requirements have been met in full, while respecting the interests of the main participants in the process. The completion of the transaction will be the issuance of a document of ownership of the residential property.
From this moment on, the owner has the right to freely dispose of the property, including selling, donating or providing as collateral for the bank.
Where is the application for privatization stored?
Owners of privatized apartments often turn to banking organizations to obtain a loan in order to improve their living conditions. In such a situation, the creditor requires an application for privatization and many owners have difficulties in terms of where to apply and where to get such a document.
Submission process
How to apply for privatization of an apartment? The document is submitted to the relevant organization in the presence of all privatization participants, including children over 14 years of age . An application for privatization of housing must be submitted in person from the age of 14.
If the appearance of any of those registered is impossible , it is necessary to draw up and notarize a power of attorney for privatization (read about privatizing an apartment through a realtor).
An employee of the organization accepts the document and registers it in a special journal. In this case, the document is assigned a registration number . The employee, in your presence, must certify the paper with his signature, put the date of reception and stamp on it.
Future owners of the living space are given a receipt for receipt and registration of the application with a list of documents attached to it.
When submitting an application for privatization of housing, you will be given a date for execution of the contract. 2 months is allotted for checking the package of documents .
You can learn about how to achieve recognition of property rights through the court from our article.
Price
The concept of “free privatization” exclusively means the absence of payment for square meters (read about paid privatization), but for each document you must pay a certain amount.
The cost of an application for privatization of residential premises is set by specific organizations in each region, so the specific amount must be clarified with the local administration .
You will find a sample written refusal to participate in privatization on our website.
Legislation
- The privatization process began after the entry into force of Law No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.” This document introduced requirements for real estate that could be transferred into private ownership. This act also contains criteria that people applying for privatization must meet.
- The RF Housing Code describes important aspects of the privatization process. It is in this act that you can find information about the social tenancy agreement, the procedure for using rooms in the hostel, recognizing housing as unsafe, etc.
- If a citizen is interested in registering ownership of a land plot provided for individual construction, or a summer cottage, then he should familiarize himself with the provisions of the Land Code of the Russian Federation. This comprehensive document describes all the legal grounds for the privatization of such objects.
Application for privatization of an apartment sample 2020
3
An application for privatization of an apartment is actually one of the most important documents in the entire procedure. It is there that it is necessary to indicate all the collected data, information about the property being purchased, as well as about the persons participating in the privatization. What and how to write in it, where to get the form, where to submit it after filling it out, you will learn about this and much more from our article.
Where to get the form
When all the documents necessary for privatization (we talked about them in this article) have already been collected, another question arises: where can I get an application form for the privatization of an apartment?
The following options exist:
- compose yourself;
- take the form from the district (city) administration;
- download on our website.
Any of these options are allowed. The main thing is that all legal requirements for the document are met. In fact, there is no single application form. They will not refuse to accept your application and package of documents, but they may not allow privatization if it contains errors, inaccuracies, or false information.
Application requirements
The application can be written entirely by hand, on a form (partly printed and partly written) and completely on a computer.
If you decide to fill out this document by hand, try to do it in as legible handwriting as possible. Any discrepancy in the stated information may serve as a refusal to privatize.
For example, if the house or apartment number is illegible.
The form can be completed in either blue or black ink. But you shouldn’t choose bright colors (yellow, green, red, etc.). Firstly, this is contrary to the norms of office work, and secondly, it will show your frivolous approach to the problem and officials are unlikely to treat you with due respect.
In general, before drawing up an application, it is best to contact the authority where you are going to submit it. Some regions of the country have their own rules for drawing up a document.
Information indicated in the form
Regardless of which form (written or printed) you choose for your application to claim residential ownership, it must contain the following information.
No.
1 | The exact and correct name of the state or municipal body under whose jurisdiction the apartment is located |
2 | Data of all persons involved in privatization |
3 | Information about persons who are registered in the apartment, but do not have the right to this procedure (for example, they have already privatized other housing) |
4 | Information about registered people who voluntarily refused privatization, and how to do this, we described in detail in this article |
5 | Accurate information about the apartment being converted into ownership (size, address, special data) |
6 | The grounds on which the right to use the apartment arose (social tenancy agreement, date of its preparation, etc.) |
7 | The size of the share going to each of the participants in the transaction, even if they are equal |
8 | Information about legal disputes and the results of their consideration (if any) |
9 | List of all attached documents |
10 | Signature of each person involved and date of document preparation |
Sample application for privatization of an apartment in 2020
Although there is no unified application form, you can find a sample that is relevant in 2020 on our website.
Download the application for privatization of residential premises
Features of submitting an application
After all the documents have been collected and an application has been drawn up with a request to transfer the municipal apartment into private ownership free of charge, you must contact the body on whose balance sheet it is.
In large cities this may be a specialized privatization department, and in small villages - local authorities. You can find out where it is best to send your package of documents on the official website of your city or district.
You can also submit an application to any nearest branch of the State Budgetary Institution “My Documents” (MFC). The employees of this institution will accept it and the documents, and then forward them for consideration to the appropriate authority independently.
When submitting an application, the presence of all persons over 14 years of age is required. Children under this age may not appear, but their legal representatives must be present. This is due to the fact that a child aged 14 to 18 years independently fills out all the necessary documents and puts his signature on them, but it must be confirmed by parents or guardians.
We talked in detail about how to privatize an apartment in this article.
If one of the privatization participants is not able to personally attend this procedure, then it is necessary to draw up a power of attorney to represent interests in advance and have it certified by a notary office.
Who can participate
People who meet the following criteria can obtain ownership of a municipal apartment:
- having Russian citizenship;
- permanent residents of a specific residential premises;
- using the premises under a social lease agreement or on another similar basis;
- those who have not previously applied for privatization;
- submitted all supporting documents.
A citizen can participate in privatization again if he previously received ownership of residential premises (or part of it) before reaching 18 years of age.
This provision is enshrined in Article 11 of Law No. 1541-1.
How to draw up a contract for the transfer of ownership of an apartment
Consideration of the application and decision on the issue of privatization is carried out within 2 months.
The 2-month period is calculated from the moment the application for privatization and additional documents are submitted.
An agreement on the transfer of ownership of an apartment must be drawn up at the housing authorities or multifunctional centers that provide public services to citizens.
Moscow residents apply for privatization to the Department of Housing Policy and Housing Fund.
Registration of ownership rights to residential space
The agreement is drawn up in writing. The legislator does not require the parties to notarize or state register the agreement.
It will be necessary to register only the right of the new owner to the privatized residential premises with the Rosreestr authorities.
The citizen who has entered into a privatization agreement will acquire ownership of the premises only after his rights to the privatized real estate have been registered. For the registration service, citizens will need to pay a state fee of 2,000 rubles.
As a result, we note that citizens enter into a free privatization agreement with government agencies until March 2020. The transfer of an apartment into the ownership of citizens is considered completed after the state registration of rights to the apartment is completed.
What kind of housing can be registered as a property?
There are certain requirements for objects transferred into the ownership of citizens during the privatization process. Not subject to denationalization:
- dorm rooms;
- residential premises in buildings recognized in the appropriate manner as unsafe;
- apartments and houses located in closed military camps;
- service housing.
How long will it take to sell an apartment after privatization? What does privatization of land under an apartment building give? Find out here.
This list is defined in Law No. 1541-1 and is closed.
Housing that is privately owned and rented out for commercial rent is also not subject to privatization.
Documents for drawing up an agreement for the transfer of ownership of an apartment
In addition to the application, the citizen will be required to submit the following documents to the authorized bodies:
- Passports of the applicant, all members of his family and other persons registered in the apartment.
- Birth certificate (for persons under 14 years of age).
- Power of attorney of the representative of the person who has the right to privatize the living space.
- A copy of the current court decision declaring one of the named persons incompetent, as well as the consent of the guardianship authorities to transfer ownership of the residential premises. Permission is required if incapacitated citizens or children without guardians, as well as children placed under supervision, live in the premises.
- Documents of title to the apartment, for example, a social tenancy agreement or a warrant for residential premises.
- Documents on citizenship of persons under 14 years of age. There is no need to confirm the citizenship of a child if his parents are citizens of the Russian Federation and are registered in the privatized apartment.
- Extract from the house register.
- A document confirming the unused right to privatization.
Procedure
The whole process can be divided into several stages.
- The first is preparation. Residents should discuss among themselves the possibility of privatization, its feasibility and the future fate of the apartment. It is also necessary to find out which of those registered has the right to receive property during the privatization process.
- After this, the collection of documents begins. You need to make a list of papers that are required for privatization. If any documents are missing, they must be requested from the authorized government agencies. At this stage, the notarized consent of all registered citizens for privatization is issued.
- The next step is to submit an application. The appeal is considered by the local property department. At the same time, all submitted information and documents are analyzed. The citizen will be sent a response upon completion of the review.
If the answer is positive, you can contact the municipal self-government body to draw up an agreement on the gratuitous transfer of property.
The future owner applies to Rosreestr with this agreement and application.
Employees of this department make changes to the Unified State Register within 5 working days. After this, the owner receives a contract with a Rosreestr mark, and the privatization process is considered completed.
Application for privatization of residential premises sample
As they have already correctly written to you that the contract needs to be renegotiated, we can only add that Art. Federal Law on Privatization, any citizens of the Russian Federation who use residential premises of a municipal or state fund on social rent terms have the right to privatize housing. Both adult and minor family members have this right.
Interesting: At what height can you ride without a booster?
If you need a privatization contract urgently, you may be offered an increased tariff for the service. Typically, the period from the acceptance of documents to the issuance of a contract is 2 months. Housing located in military camps (closed), boarding schools, shelter hotels, nursing homes, etc. You can download a sample application for privatization of an apartment from our website for free. There is nothing complicated, first of all you need to write an application and then submit it, as I understand it, to the local administration. I am a military personnel, I wanted to ask: is the sample application presented here suitable for me or do I need a special form?
List of documents
The following documents must be attached to the application:
- applicant's passport;
- certificate of all registered citizens;
- passports of all those registered;
- notarized consent to privatization;
- registration certificate for the apartment;
- social rent agreement;
- an order for obtaining residential premises or a copy of the order of the executive authority to provide an apartment;
- notarized power of attorney in the name of the applicant from all participants in the privatization;
- certificate of non-participation in privatization;
- an extract from the house register for the period from July 21, 1991 until the moment of moving into the current address;
- extract from the Unified State Register;
- other documents.
The specific list of documents depends on the legal status of the people living in the apartment.
For example, if one of the residents was deprived of legal capacity, then a copy of the relevant court decision must be provided.
Submitting an application for privatization
The appeal is submitted by all citizens who participate in privatization or have the right to it, but refuse. Presence is not required if there is a notarized power of attorney for another person.
If someone refuses
In the case where a citizen agrees that the apartment becomes private property, but does not want to have a share in it, he also signs the application.
There is no need to fill out a special document for refusal.
In this case, the person retains the lifelong right to use the apartment.
Even if it is sold to a third party.
If a registered citizen does not agree with privatization, then the application will not be accepted.
Sample document
An application for privatization of an apartment, a 2020 sample of which can be obtained from the MFC or the property department, is filled out right on the spot.
Photo: sample document
If something is unclear to a citizen, he can always ask for a completed sample or consult a specialist who accepts documents.
Form
The form consists of several parts:
- "A cap". This indicates the filing date and the name of the government agency to which the appeal is sent.
- Main part. The applicant requests that the residential premises be transferred to his ownership.
- Table. Information about registered citizens is entered here.
- Data and signature of the applicant and the specialist accepting the application.
How to fill out
Typically, the document has a printed background and blank fields that need to be filled out.
The form itself is printed in advance, and the applicant only needs to enter the necessary information in the appropriate places.
Content
The application must contain the following information:
- information about the addressee;
- FULL NAME. and passport details of the citizen;
- information about the residential premises (address, area, number of rooms);
- request to transfer ownership of the property;
- information about family composition;
- FULL NAME. each resident, his passport details, degree of relationship and a note on participation in privatization or refusal, their signatures;
- signature, surname and initials of the applicant;
- signature of the employee who accepted the application stating that the signatures of all family members are correct.
Certification and registration
The fact that the information in the application and the submitted passports corresponds is certified by the official who accepts the application.
The application is registered in the general manner, like any citizen’s appeal to a government agency.
If in the future a citizen needs a copy of the application, for example, for a bank when applying for a mortgage, then it can be obtained at the place where the application was submitted.
Where to submit
You can contact the local property department directly, through the State Services website or the MFC.
Also in some localities there are one-stop services. In Moscow, for example, such a service is called “My Documents”.
Review period
The appeal is considered within 2 months.
Is it possible to deliver other documents later?
The procedure for reviewing documents submitted for the privatization of an apartment or other residential premises does not provide for the provision of any documents later.
The appeal is considered as is.
If any information is not documented, a written refusal is required.
A citizen can supplement the package of documents and apply for privatization again.
However, the procedure takes a long time, and in some cases citizens are met halfway. An employee of the department contacts the applicant by phone and tells him what other document needs to be submitted.
How to correctly write an application for privatization of an apartment, sample filling
Registration of real estate from the municipal housing stock into private ownership is currently carried out in a simplified manner, but still takes up a lot of time from citizens.
It is necessary to collect many documents to register the transaction and, what is very important, to correctly draw up an application for privatization. If it is incorrectly completed, it will be rejected and the entire procedure will have to be completed again.
Therefore, it is worth considering how to correctly draw up an application for re-registration of a state-owned apartment into private ownership in order to avoid mistakes and speed up the privatization process.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, just call, it’s fast and free!
Step-by-step instructions: how to write?
The need to submit an application to the main list of documents for the privatization of housing is regulated by Federal Law of the Russian Federation No. 1541-1, which defines such an application as an expression of the will of citizens for privatization. This document does not have a clearly established form , however, the decision of Roskommunkhoz No. 4 contains the basic requirements for its execution.
All persons participating in the conversion of housing into private ownership, over 14 years of age, must put their signatures on the official paper. Moreover, each signature must contain a decoding (full last name and initials of the first name and patronymic).
Next, we should analyze the process of preparing a document for the privatization of a municipal apartment point by point.
How is it compiled: written or printed?
An application for privatization of housing can be submitted in printed or written form, since the law does not put forward specific requirements in this regard. There are three ways to obtain a sample form to fill out:
- Download on the Internet.
- Contact your regional government authority.
- Write by hand according to an approximate sample, taking into account the recommendations and indicating the required data.
- applications for privatization of an apartment
- applications for privatization of an apartment
What should the document contain?
Despite the free form of preparation, the application for re-registration of state housing as property must contain a number of mandatory points:
- The full and correct name of the organization where the paper is being submitted. An error in the name of the body will not cause a refusal of privatization, but will significantly slow down the procedure for considering the application.
- Data on the intention to re-register ownership of the apartment on social rent.
- Address of the apartment to be privatized. It depends on the location of the residential property which organization to contact.
- Parameters of the living space (number of rooms, total area, living area).
- List of privatization participants and details of their passports (birth certificates, if there are children under 14 years of age).
- List of documents attached to the application.
Who does it?
Any adult capable participant in privatization who has Russian citizenship and the right to use an apartment under a social tenancy agreement can draw up the document (Article 2 of Law No. 1541-1).
Who exactly will be involved in the re-registration of municipal real estate will be agreed upon by the apartment residents.
The application must be signed personally by everyone living on the territory of the privatized housing, including those people who refuse to own residential property, after which it can be submitted further to the authorities.
By signing, all persons registered in municipal housing confirm their consent/disagreement to personal participation in the transaction.
Who assures?
The application does not require notarization if all participants in the procedure, including children over 14 years of age, can be personally present at the execution of the privatization transaction. In the event that any of the persons registered in the apartment cannot visit the authorized organization, a power of attorney for privatization should be drawn up and notarized.
Do I need to register?
An application for privatization of an apartment is subject to mandatory registration. When submitting a document, a government agency employee registers the document and assigns it a registration number. In addition, the application must be certified by the signature of a civil servant and the seal of the organization.
Validity periods
It takes 2 months to check the documentation package and the attached application for re-registration of housing. The application is also valid for 2 months from the date of submission and registration.
State duty and cost
The receipt must be paid after the package of documents with the application for re-registration of the apartment has been accepted and a positive decision has been made regarding privatization. There is no state fee for completing and submitting the application directly.
Features and nuances
Each Russian citizen can submit an application for a privatization transaction only once. For persons who have already participated in the procedure for re-registration of housing as personal property, such an application will not be accepted.
The only exceptions are minor citizens. After reaching 18 years of age, they have the right to independently privatize an apartment, even if they were already parties to the transaction as minors.
In some cases, drawing up a statement is pointless and useless. Thus, the submission of a document will certainly be followed by a refusal if the housing:
- located in an emergency building;
- is official;
- is part of the hostel;
- located at military units or in closed towns.
Cases when the case is resolved through court
An application for privatization is submitted when there are no controversial issues regarding the re-registration of municipal real estate into private ownership. This is its main difference from a claim for privatization.
An apartment can be privatized by court in some cases:
- Refusal of a local government body to formalize a privatization agreement for any reason.
- The presence of controversial issues about the number of participants in privatization (for example, who exactly is registered in the living space, who was discharged unreasonably, etc.).
- Dispute about the status of housing - if a citizen believes that his apartment has been classified as official premises without any basis, this issue should be resolved in court.
An application for privatization of an apartment is perhaps the most important document from the list of necessary papers for re-registration of housing under a social lease agreement into private ownership. It is extremely important to follow the order in which it is compiled, avoid mistakes and accurately indicate all the data.
To draw up a document slowly, in a relaxed atmosphere, you can take a form from a government agency or download it from the Internet and fill it out at home, and then present it to the local authorized organization.
, please select a piece of text and press Ctrl+Enter.
Application for privatization of an apartment: document form and sample of its completion
The application is the main document drawn up in the process of privatizing an apartment.
It is compiled according to certain rules and has an approved form .
Errors in the preparation of this document are not acceptable.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, just call, it’s fast and free!
Find out on our website how to determine whether an apartment has been privatized, what tax the owners of privatized apartments must pay and what they must repair in it at their own expense, as well as how to go through the process of deprivatization of residential premises.
How to get a sample?
A sample for compilation can be obtained in several ways :
- In the relevant organization of a particular settlement. The forms may vary slightly in each region.
- Download on the Internet.
- Write by hand according to an approximate sample, indicating all the necessary information, taking into account the recommendations.
How to write an application for privatization of an apartment - sample:
Sample application for privatization of an apartment.
Sample of filling out an application for privatization of an apartment.
You can find out how to privatize an apartment through the MFC on our website.
Who writes and how?
One statement is drawn up from the residents of a particular premises , which can be written by any of the parties to the agreement. All participants in the process must sign it, including those who renounce their rights to receive a share. By doing this, everyone registered expresses their consent to the process.
The document can be filled out by hand or using technical means.
Required content
For this document there are mandatory points :
- The name of the organization to which citizens apply.
- Personal data of citizens.
- Information about the intention to obtain private ownership of municipal residential premises.
- Characteristics of the residential premises (address, size of area, number of rooms).
- Information about all parties to the agreement.
- Signatures of participants with transcript.
- List of attached documents.
You can find out who has the right to re-privatize an apartment from our article.
The main thing is to fill out all the necessary information correctly. Any errors in writing the personal data of the applicants and in the characteristics of the apartment will lead to a delay in the process of registering housing ownership.
Submission process
How to apply for privatization of an apartment? The document is submitted to the relevant organization in the presence of all privatization participants, including children over 14 years of age . An application for privatization of housing must be submitted in person from the age of 14.
If the appearance of any of those registered is impossible , it is necessary to draw up and notarize a power of attorney for privatization (read about privatizing an apartment through a realtor).
An employee of the organization accepts the document and registers it in a special journal. In this case, the document is assigned a registration number . The employee, in your presence, must certify the paper with his signature, put the date of reception and stamp on it.
Future owners of the living space are given a receipt for receipt and registration of the application with a list of documents attached to it.
When submitting an application for privatization of housing, you will be given a date for execution of the contract. 2 months is allotted for checking the package of documents .
You can learn about how to achieve recognition of property rights through the court from our article.
The concept of “free privatization” exclusively means the absence of payment for square meters (read about paid privatization), but for each document you must pay a certain amount.
The cost of an application for privatization of residential premises is set by specific organizations in each region, so the specific amount must be clarified with the local administration .
You will find a sample written refusal to participate in privatization on our website.
Application or claim: what are the differences?
The application for privatization is the beginning of the process.
If for some reason a refusal , it is necessary to file a claim in court.
The reasons for refusal may be the following:
- The administration discovered errors in the execution of any documents.
- There is a dispute about the status of the residential premises.
Having received a refusal, applicants write a statement of claim to the judicial authorities . This document has a more strict form, compliance with which is mandatory.
To file a claim, you must first receive a written .
A claim can be filed by one of the citizens registered in the apartment. The presence of other parties to the contract is not required.
Source: https://urcrimea.ru/uvolnenie/kak-pravilno-napisat-zayavlenie-na-privatizatsiyu-kvartiry-obrazets-zapolneniya.html
Registration through court
If the applicant is refused privatization, he can always appeal such a decision in court.
Before doing this, it would be advisable to consult a lawyer and prepare a documentary justification for the illegality of the refusal.
The district court makes a decision on the merits - to recognize the right of ownership of the residential premises or to refuse.
There are situations when a citizen lives for a long time in an apartment without being registered there. If privatization was carried out at this time, then he could simply be put out on the street.
Photo: sample statement of claim
In such a situation, it is worth filing a claim in court to establish the fact of residence.
Additionally, a request should be made to invalidate the contract if an agreement has already been drawn up for the free transfer of the apartment into private ownership.
How to file a claim
The application to the court for refusal of privatization must include the following information:
- address and name of the court;
- Full name, address and contact telephone number of the plaintiff;
- FULL NAME. and the address of the defendant (the property department that gave the refusal);
- name of the document (for example, “statement of claim to challenge the refusal...”);
- information about the apartment: address, area, number of rooms, legal basis on which the applicant uses the premises;
- information about whether the citizen previously enjoyed the right to privatization;
- information about those living in the apartment and their consent to privatization;
- information about the reason for which the defendant denied the right to privatization, as well as the date and number of such response;
- reference to Article 2 of Law No. 1541-1 and 131, 132 of the Code of Civil Procedure of the Russian Federation;
- requirement to recognize the citizen’s right to privatization;
- list of attached documents;
- date, signature, surname and initials.
How can you challenge the privatization of an apartment if you have written a refusal? Where can I get a certificate of non-participation in privatization? Find out here.
What is needed to privatize an apartment in 2020? Read on.
When there is no point in filing
There are a number of situations when a citizen definitely does not need to go to court.
- So, if a person has previously used his right to privatization, then nothing can be done about it.
- Or, for example, if a citizen was denied privatization of a room in a hostel because the building belongs to a certain organization or institution. Or the room belongs to official housing.
There are strict rules regarding such objects: they must belong to the local municipality and be provided under a social lease agreement.
In order not to waste time and money on state fees, it is better to consult with a lawyer regarding the prospects for judicial review.
Filling out an application for privatization will not be difficult if all registered citizens have decided in advance on their role in this process.
The best option is to issue a power of attorney for one representative.
How to correctly write an application for privatization of an apartment (sample) – Adviser-lawyer
The sample application for privatization of an apartment must be studied very carefully to avoid mistakes when filling it out.
Incorrect execution of a document or an incomplete package of certificates that must be submitted along with it for consideration are all reasons for the registration authority to refuse registration.
You will have to go through the entire procedure from scratch and waste your time again.
It is important to consider a number of aspects:
- You can privatize an apartment or house only once in your life. A flat fee will be charged for all subsequent times the application is written;
- If persons who have not yet turned 18 years of age took part in the process, their right to take advantage of one attempt at free privatization after reaching adulthood is preserved by law;
- All persons who may qualify for an apartment must prepare a waiver. It is drawn up in writing and must be certified by a notary’s signature;
- Privatization cannot be documented if the house is in disrepair, dilapidated, or is planned to be demolished.
The nuances of the privatization process are described in detail in the Federal Law of the same name No. 1541-1 and other regulations.
General rules for drawing up an application
There is no official form approved by law. Consequently, the application can be drawn up in any form, provided that it contains all the required details.
In the process of preparing the document, you should adhere to the following recommendations:
- You can fill out the application by hand in writing or fill out the form on the computer and print it out in finished form;
- The potential owner himself or his legal representative must submit the document for consideration;
- The local government authority must be specified as the addressee. For example, in large cities this is most often the city administration or a special committee for property management;
- You can fill out the application with a black or blue ballpoint pen, provided there are no blots, strikethroughs, corrections or other symbols in the document;
- It is most logical to fill out a ready-made form, rather than write everything completely by hand - this way there is less chance of making a mistake and missing something;
- After submitting the document, you must receive in return a receipt confirming acceptance of the application for consideration.
The final version of the application is a form in A4 format, which details the property, its location and property rights.
Who should prepare the application?
This can be done by an adult citizen who is able to work and has the right to use the apartment on the basis of a social tenancy agreement. If the housing is municipally owned, residents must figure out for themselves who exactly will be involved in the re-registration process.
Important point! Everyone living in the territory of this apartment must sign the privatization application. Thus, they confirm the fact of agreement to the transaction and refuse further claims to the living space.
how to correctly write an application for privatization of an apartment . There are several options for obtaining the form:
- In the administration of SMT, village or city. Please note that in some regions the forms may have slight differences in appearance, but the content of the document always remains the same;
- Download the form online, print it out and then fill it out by hand. It is important to take into account general recommendations.
After writing the application and preparing a package of documents, it should be submitted to the municipal authorities for consideration. Here, if necessary, you can get prompt advice in case of problems or questions.
Learn more about the required application details
During the filling process, you should carefully consider the document. The following details are required:
- Full name of the authority where the document is submitted for review;
- The text of the document with the desire to formalize the privatization of the apartment, indicating the number of the social tenancy agreement;
- The exact address of the property location, down to the number of storeys of the building, building and building numbers, etc.;
- Technical parameters of the property, its characteristic features (area, number of rooms, presence of a balcony);
- Is there a list of those who have expressed their desire to take part in privatization (their full passport details must be included in the application). For children under 14, birth certificates are required;
- Signatures of persons who agreed to privatization or refused it;
- At the end there is a list of references included in the kit.
The registering person carefully checks the data from the application with the real state of affairs, for which supporting documents are required. Before submitting the form for consideration, it is better to carefully read it, if necessary, involving a lawyer in the process. It will help identify and correct errors, which will ultimately save time.
Based on the application, the administration will decide to transfer the object into the hands of a private person. The applicant will be able to obtain a certificate of ownership and continue to use the property as a full owner.
It happens that a citizen is denied registration. In this case, it makes sense to file a lawsuit, although you will have to spend extra money on a lawyer and pay a state fee.
Plus, you should be prepared for the fact that the case will be considered for at least a couple of months.
When is privatization based on an application impossible?
There are a number of cases when, even with a responsible approach to preparing an application, a positive decision on it cannot be made:
- The citizen did not use the square meters on the basis of a social tenancy agreement;
- The person does not have Russian citizenship;
- Privatization had previously been successfully completed by another person;
- Housing is included in the list of objects that under no circumstances can be privatized.
If the refusal to register was not caused by any of these reasons, it makes sense to go to court.
Required documents in addition to the application itself
The employer will need to take care in advance of searching and preparing the following certificates:
- Passport;
- Technical documents for the object (cadastral, technical passports);
- An extract from the house register (obtained in the archive, in which case it will have an expanded form);
- A copy of the social tenancy agreement;
- If spouses want to register a house as common property, the consent of both of them is required.
Provided that the documents will be handed over by the applicant’s authorized representative, you should take care of drawing up a power of attorney in advance.
Conclusion
On average, a citizen’s application will be considered by the administration within 2 months. If the decision is positive, it takes about another half a month to wait for an extract from Rosreestr. You will have to wait a little longer if privatization was refused and the citizen resolves the issue in court - at best, about six months.
The privatization procedure itself is free, there is no need to pay a fee for it. An exception to the rule is if the applicant has previously exercised his right to one free privatization.
A small amount of money may be needed to obtain a registration certificate and prepare a number of statements. If in the process of preparing documents a person decides to seek the help of a lawyer, these costs must also be taken into account.
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Source: https://sovetnikadvokat.ru/kak-pravilno-napisat-zajavlenie-na-privatizaciju-kvartiry-obrazec.html